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Home My WebLink AboutResolution 5149 .,. �_ � O� O � O • � , � CITY of ORONO � � -� ti �� G~' RESOLUTION OF THE CITY COUNCIL �kES80g' NO. u� � � � RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN � FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WHEREAS,the City of Orono,hereinafter"City"is a miuucipal corporatioii organized and existing under the laws of the State of Miiniesota and has the authority and responsibility under Miruiesota Statutes,State Stahrte 412,et. seq. aud State Stah.rte 462,et.seq.,to protect the health,safety,and general welfare of the citizens of the City and other inembers of the public within the City; and WHEREAS, the City shares coucurrent jurisdiction over the priinary harbor limit of the City of Oroilo with the Lake Miruietonka Conseivation District and the Departrnent of Natural Resources of the State of Minnesota; and WHEREAS,the regulation of the navigable waters involves an exercise ofpolice power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection fiom activity on or near the public waters and on the land within the City which,if unregulated, may be detrimental to the public liealth, safety and general welfare; and WHEREAS,the regulations of tlie DNR,LMCD,and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. Tlie LMCD,DNR and City of Orono must fulfill their trusteesliip over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of ripazian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of eiljoyment exists between and is sharedby riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonlca. The only additional private right that any riparian owner inay have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lalce Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enj oyinent which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein;the riparian owner has no exclusive privileges to these rights; , •and � ;'t % 1 �i t. ;;� Page 1 of 2 � �r� ,'� � � � � o,�,. . 0 0 • � g CITY of ORONO � � ,: .�.. � , ti �� G~' RESOLUTION OF THE CITY COUNCIL �kESIIOg' . NO. � 1 � � WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the lirnited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or rnore families, which • regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concems and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached.� � Adopted by the City Council of the City of Orono at their meeting on the 12th day of April,2004. ATTEST: �'/l'ir7�ICStJ � V�Pi � Linda S. Vee, City Clerk � Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN -} � . The foregoing instrument was aclrnowledged before me on this�day of Y I � 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��"':`"' RACHELDODGE��, �,� �;�,,��',,�.e � (�p.�rQ ` r.{; ES '"•''�� NOTARY PUBLIC-MINNE�OTA V� ��, , � p�y�rtmis,q�pnExpyesJan.31,200� � NotaryPublic , o :�:-,�.-�--- STATE OF MINNESOTA • COUNTY OF HENNEPIN � The foregoing instrument was aclrnowledged before me on this �5� day of Y L L ,2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was • executed on behalf of t e ' < BARBARA G.SILUS � ; NOTARY PUBLIC-MINNESOTA • .;,,;Nt� PAy Commisslon Expires J2n.31,2008 Notary Public � � � �±� ; �� ` '; ;4 'i I �? ;� � � U; �, . f ' ;� �'� i .. �i , � ti 'I . �� ii �} s � i �� I � I y.5 � ' i`.�� „ ; ti� ;� �v ,', �� ;'� �,� �. Paae 2 of 2 �' <<, �!' ;, .°, •, '�f� � � , 'q �� - �� ,I . . � .�� ,�... �� ?k -�?{ . .. 4�' .�� i�� ,. �s !J' . �, �j� y� �, h �b,i .. .. . !�; �!?' I;� :� 'i 'i�!� , � >aJ .a� �1; �. '�� • �:34 II i • . CITY OF ORONO - ' EXHIBIT A . RESOLUTION NO. � 1 � � CONDITIONS OF ISSUANCE FOR ANNiJAL JOINT USE DOCK LICENSE I. LICENSEE: Forest Arms Country Club Addition Homeowners Association, I�ic. Dock Address: 4245 Forest Lake Drive Agent: Jerry LeMire Address: 4205 Forest Lake Drive,Mound, MN 55364 Licensee is: unincorporated homeowner's group X incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other • License Period-January 1, 2004 to December 31, 2004 II. BOAT DENSITY The ntunber of in-place boat slips,lifts and buoys shall not exceed the number shown on the attached plan,Exhibits B and C, a�id in accordance with Resolution 938,in no case shall the number of authorized boat slips,lifts,orbuoys exceed the number perrnitted in the prior year's license. Authorized Boat Density per attached plan: Bay ' Forest Lake Transient(Day use only) Slips 0 Permanent Moorage Slips 14 Boat Lifts 0 Sub-Total: Slips at Do�k 0 Offshore Buoys 0 Maximum Boats in Water �4 Maximum Boats per prior license same • MA��IMUM BOAT DENSITY � . 1 �� " ;l , " � ' �{ �. is. ,f i� � � •i �� i �II�l.� -I�5 ,4. . • ,I! '• `{p�� 1�I4 �ry'� i� .��. ' `'I '��y � ;;�� (!i: id'�. �.. ., . �� ' � � .. '.i � ill�� I'Y 5;.�� H,`. ft �.iii, 'Ti't !Ri .-:;! �<� ...�.i �.: i�i! _ .�h�o1 .'t4`A � .� • Exlubit A 5 1 4 � Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of tlzis license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. N. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subj ect to full compliance with these conditioils. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club • Addition Homeowners Association,Inc.will permit amaximum of 14 slips. The Citywill approve 14 slips for this license year based on the number of developed interior lots within the subj ect plat. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the preinises in a manner permitted by this resolution,but the use of Lake Minnetonka and the preinises sha11 remain subject to such regulations and ordinances as the City and other cornpetent regulatory authorities shall deem necessary from time to time in the public interest. � . :i u' i ':t � �. 1$ ,A �' �� .i . : . , , � . `� . . ;� � �: � � � ., i�. �i . . - ' i � . • i � 's.:I ��' •' ,� ':`. 'I ' f' '� .J �.� � � � .1� S,� • ��i ��I ��: ��I..f '� I , A' .tl'.. i�il S �� ,I �� :{ d t ? ' i. � i .:y i'• :i � "i ::;i! ii: .. li ?r. � . �4:�. ..N •.w� �r f:! c• :�